Monday, June 05, 2006

Whatever Bu$h says, the opposite is the truth

He thinks "democracy" is a branch of government.

Yesterday, President Bush argued that the Federal Marriage Amendment, under consideration by the Senate this week, would take the issue of marriage away from the courts and to the people:

"A constitutional amendment will put a decision that is critical to American families and American society in the hands of the American people, which is exactly where it belongs. Democracy, not court orders, should decide the future of marriage in America."

Actually, the opposite is true. Georgetown Law Professor Michael Siedman explained today at an event at the Center for American Progress:

If enacted, their handiwork [the FMA] is bound to produce outcomes that no one could have wanted or intended and an unprecedented transfer of power over domestic relations to federal judges…Clearly, the framers of the amendment meant to distinguish between “marriage” itself and its “legal incidents.” This much is obvious because the first sentence…defines only “marriage,” while the second sentence refers to both “marriage” and its “legal incidents.”…


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